Re: "...in connection with resident's use"???

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On 6/18/08, Patrick wrote:
> I am supposed to pay for water, sewage, and trash - which
> is fine, but I am now being billed for the average amount
> of usage based on the square footage of my unit.
>
> The closest pertinent phrases in my lease are:
>
> Resident agrees to pay all charges not supplied by owner,
> assessed by the utility provider, owner, or owner's
> designee in connection with resident's use of utilities...
>
> Resident will be responsible for utilities consumed during
> occupancy.
>
> As I am only in the apartment 1/2 time because of travel,
> I think the cost is outrageously high for me. Can anyone
> tell me if I am responsible for this average charge or
> whether this language means what I thought it meant and I
> am responsible for what I use???
>
> The owner, contrary to what we were told verbally, did not
> install meters and as such the only way they can measure
> is on an average method. I think that the utilities then
> should be the owner's problem if he decided not to
> construct the building to measure my use.
> But what do I know.

You may have signed yourself into paying for those utilities.
Nevertheless, withhold the utility payments and force your
landlord to take you to court. You may get a court to
invalidate the utility term in your lease. Also, check the
Landlord Tenant Act in your jurisdiction for a section on the
landlord's right to charge for utilities. It should have a
list of acceptable methods of calculating the utility costs.
If the average method is not one of them, then you should have
a pretty good argument against paying the utilities by the
average method. In addition, it may force your landlord to get
those meters installed.